Tag Archives: California lawyers
When Has a Lawyer Breached His or Her Legal Duty of Care?
HOW DOES BREACH OF DUTY RELATE TO LEGAL MALPRACTICE? Legal malpractice (also called professional negligence) involves a lawyer’s breach (violation) of a legally mandated duty of care. Specifically, a breach of the professional standard of care that is applicable to the relevant situation. When evaluating a lawyer’s potential breach of duty, the issue is whether the… Read More »
Who Can Sue a Lawyer for Malpractice?
GENERALLY, ONLY CLIENTS CAN SUE A LAWYER FOR MALPRACTICE In California, the general rule is that privity of contract (i.e., a contractual relationship) is a required element of standing to bring a malpractice claim. Put another way, only clients (generally, former clients) can usually bring malpractice claims against lawyers in California. The necessary privity of… Read More »
What is Legal Malpractice?
WHAT IS “LEGAL MALPRACTICE”? The term “legal malpractice” refers to the professional negligence of an attorney within an attorney-client relationship. Less formally, “legal malpractice” occurs when an attorney acts negligently in the course of representing a client. It is a form of negligence, which is a tort (a “civil wrong”). Strictly speaking, legal malpractice is… Read More »
Is a Foreign Legal Consultant the Same as Pro Hac Vice Counsel?
ADMISSION PRO HAC VICE IS DIFFERENT FROM CERTIFICATION AS A FOREIGN LEGAL CONSULTANT Pro hac vice admission grants a non-California lawyer (in good standing) permission to appear before a California court. In essence, admission pro hac vice allows a lawyer to represent clients in the same manner as a California-licensed attorney for purposes of the… Read More »
Can California Courts Sanction Pro Hac Vice Counsel?
CALIFORNIA COURTS HAVE AUTHORITY TO SANCTION PRO HAC VICE COUNSEL Pro hac vice admission is a process by which out-of-state attorneys (i.e., those licensed in other U.S. states, but not in California) may appear and represent clients in California courts. Attorneys who meet and comply with the requirements for pro hac vice admission can… Read More »
When Do California Courts Deny Applications For Pro Hac Vice Admission?
This post is part of our continuing series on pro hac vice admission in California* PRO HAC VICE ADMISSION IS NOT GUARANTEED Pro hac vice admission grants a licensed out-of-state attorney permission to appear as counsel in a California court in association with a given legal matter. Generally speaking, pro hac vice admission exists as… Read More »
How Does an Attorney Apply for Pro Hac Vice Admission in California?
WHAT IS THE PROCESS TO GAIN PRO HAC VICE ADMISSION IN CALIFORNIA? An attorney licensed in a U.S. state or territory other than California, who wishes to appear as counsel on a pro hac vice basis in a California superior court must file (a) a verified application and (b) proof of service by mail… Read More »
Do Written Releases of Liability Have Any Limitations?
Before engaging in sports or other recreational activities, people are often asked to sign a written release or waiver of liability. These releases generally contain language absolving the person or company running the activity from “all” liability (including liability resulting from the company’s own negligence) if the participant is injured during the course of… Read More »
When Can Heirs of an Estate Sue Lawyers for Malpractice?
“INTENDED BENEFICIARIES” OF A LAWYER’S SERVICES MAY HAVE STANDING TO BRING MALPRACTICE CLAIMS. In California, the existence of an attorney-client relationship is generally required in order to bring a malpractice claim against a lawyer. This means that in most cases, non-clients cannot sue a lawyer for malpractice. However, California recognizes an exception to this rule… Read More »
Proceedings That Do Not Support Malicious Prosecution Claims
NOT ALL LEGAL PROCEEDINGS SUPPORT MALICIOUS PROSECUTION CLAIMS Although many legal proceedings, civil and criminal, can support a claim for malicious prosecution when the elements of the claim are present, there are some types of proceedings which cannot form the basis of a malicious prosecution action. For various reasons, the law and California courts have placed… Read More »
